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HomeMy WebLinkAbout1991-10-15; City Council; Resolution 91-338c -? c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 a 0 RESOLUTION NO. 9 1 - 33 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT AT 6800 AVIARA DRIVE. WHEREAS, a request has been made to construct a guard station within a ge utility and access easement at the entrance to Aviara Drive (private street) from Blackrail F and WHEREAS, the general utility and access easement was dedicated to the Ci Carlsbad per City of Carlsbad Tract 85-35 Aviara Phase I Unit D according to Map therea 1241 2 filed in the office of the County Recorder of San Diego County on June 29, 1989 per Parcel Map No. 16451 filed in the office of the County Recorder of San Diego Cou April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California, anc WHEREAS, the City Engineer has determined that the encroachment will not advf affect the public’s ability to use the easement, and WHEREAS the owners of the Encroachment have executed an Encroach Agreement wherein they covenant and agree with the City of Carlsbad as follows: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. The Owner shall agree at all times to indemnify and hold the I (B) 20 21 22 23 24 25 26 27 28 City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. /// /I/ r L I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? l8 19 20 21 22 23 24 25 26 27 28 a e (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City’s grant of permission to construct and maintain the encroachment structure. Prior to installation of the encroachment, the Owner shall process a construction revision to Improvement Plan Drawing NO. 295-1, Sheet 4 of 15 incorporating protective measures to prevent damage to the existing sewer line to the satisfaction of the City Engineer. (E) (F) Prior to installation of the encroachment, the Owner shall provide the City Engineer proof that the Carlsbad Municipal Water District has approved building plans for the construction of the encroachment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls California as follows: 1. 2. That the above recitations are true and correct. That the Encroachment Agreement authorizing Aviara Land Associate construct a guard station within the general utility and access easement, which is on file the City Clerk and is incorporated by reference, is approved. 3. That the Mayor and City Clerk are authorized to sign the Encroachr Agreement and the City Clerk is authorized to cause the original agreement to be recoi in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COL held on the 15th day of October, 1991 by the following vote, to wit: AYES: Council Members Lewis, Larson and Stanton NOES: NOne ABSENT: Council M ATTEST: &%Z&%?R- ALETHA L. RAUTENKWNZ, City Clerk (SEAL)